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(영문) 인천지방법원 2015.07.16 2014나56409
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff asserted that the Defendant was punished in violation of the Juvenile Protection Act, etc. by failing to verify the age of juveniles on January 29, 2012, while serving as an employee in Nam-gu Incheon Metropolitan City C and 2 (hereinafter “instant entertainment tavern”), which is an entertainment drinking club operated by the Plaintiff. The Defendant’s act committed an administrative disposition of revocation of business license for the instant entertainment drinking club from April 17, 2012 to April 16, 2014.

Therefore, the defendant is liable to the plaintiff for damages due to the discontinuance of business, and the above summary during that period.

The duty to pay 19,200,000 won (19,000 won per month 80,000 won x 24 months) and 20,80,000 won for fire-fighting system installation expenses paid to obtain renewed permission in accordance with fire-fighting regulations changed around April 2014, as well as 10,00 won for the reason that the Plaintiff’s act was investigated by the police and the prosecution by the police and the prosecution, and that the Plaintiff cannot obtain permission under the Food Sanitation Act for three years thereafter.

2. Determination

A. According to the statements in the evidence Nos. 23 and 24 and the results of the Incheon Metropolitan City Incheon Metropolitan City Association’s request for delivery of documents to the head of the Nam-gu Incheon Metropolitan City court of first instance, it is recognized that around January 29, 2012, the Defendant, who was an employee of the instant entertainment drinking club, was found to have employed and discovered a juvenile, and accordingly, the revocation of business permission on the said entertainment drinking club was made on April 17, 201

B. However, in light of the fact that the operator of the instant entertainment tavern was the Plaintiff, the evidence alone presented by the Plaintiff was in a position to manage all business activities including employment of employees with respect to the instant entertainment tavern.

It is insufficient to recognize that the Plaintiff violated an order from the Plaintiff not to employ a minor.

C. The Defendant is liable for the revocation of the instant entertainment tavern business license.

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